110 Ga. 631 | Ga. | 1900
J. E. Camp as sheriff of Floyd county, for the use of the Merchants National Bank of Rome, brought suit against the defendants for the breach of a forthcoming bond given by J. D. Turner, Harry Rawlins, and D. B. Hamilton Jr. to said sheriff, reciting that the latter had levied a certain fi. fa. in favor of the Merchants National Bank of Rome, Gra., against J. D. Turner, principal, and J. P. McConnell, security, on certain property, describing it. The bond contained an obligation to deliver the property to the sheriff at the time and place of sale. To this petition the defendants demurred, on the ground that there was a misjoinder of parties; that the bank was not a proper party to the case; that there was no assignment of the bond to the bank; that there was no privity between the sheriff and the bank; that there was no liability to the bank on the bond, which was taken to protect the sheriff, and not for the benefit of the plaintiff in fi. fa. This demurrer was overruled by the court. To the petition the defendants filed an answer, which, under the view we take of this case, it is unnecessary to set forth, and to this answer plaintiff filed a demurrer upon several grounds. This demurrer was partially sustained by the court, striking certain paragraphs of the plea. The defendants bring the case here by bill of exceptions, complaining first of the judgment of the court overruling their demurrer to the petition, and, second, of the judgment of the court to the extent it sustains the demurrer by plaintiff to their plea.
Judgment affirmed.